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(영문) 대구지방법원 2016.08.12 2016노2303
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below has the favorable circumstances such as the fact that the defendant made a confession of the crime of this case while committing the crime of this case, the degree of damage to property is minor and the damaged person does not want the punishment of the defendant. However, in light of the addiction to narcotics and harm caused by medication, etc., narcotics crimes need to be strictly punished and eradicated, and the defendant has the records of having been punished several times due to violent crimes, including punishment twice for the crime of phiphone medication, and the defendant has destroyed vehicles parked on the street and damaged the damaged person in a timely manner. The defendant also has a very high risk of committing the crime of this case. The defendant's sentencing guidelines of the Supreme Court on the crime of this case are significant; the scope of the punishment [the basic crime: the degree of damage to property : imprisonment with prison labor for not less than 10 months or 2 months after the sentence of this case; the defendant's recommendation for the crime of this case; the defendant has no special reasons to be mitigated from 10 months to 2 months after the sentence of imprisonment with prison labor for the military; the defendant's punishment of this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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